Endangered and Threatened Wildlife and Plants; Removal of Potentilla robbinsiana (Robbins' cinquefoil) From the Federal List of Endangered and Threatened Plants

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 27, 2002 (Volume 67, Number 166)]
[Rules and Regulations]
[Page 54968-54975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au02-13]

[[Page 54968]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH56

Endangered and Threatened Wildlife and Plants; Removal of
Potentilla robbinsiana (Robbins' cinquefoil) From the Federal List of
Endangered and Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
determined that Potentilla robbinsiana, commonly called Robbins'
cinquefoil, is no longer an endangered species pursuant to the
Endangered Species Act of 1973 (Act), as amended. This determination is
based on available data indicating that this species has recovered. The
main population of the species currently has more than 14,000 plants,
and the 2 transplant populations have reached or surpassed minimum
viable population size. This action removes Potentilla robbinsiana from
the List of Endangered and Threatened Plants and removes the
designation of critical habitat.
This rule includes a proposed 5-year post-delisting monitoring plan
as required for species that are delisted due to recovery. The plan
will include monitoring of population trends of both natural and
transplant populations.

DATES: This rule is effective September 26, 2002.

ADDRESSES: The administrative file for this rule is available for
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, Northeast Regional Office, 300 Westgate
Center Drive, Hadley, Massachusetts 01035 (telephone (413) 253-8628).

FOR FURTHER INFORMATION CONTACT: Diane Lynch at (413) 253-8628 or the
above address.

SUPPLEMENTARY INFORMATION:

Background

Although its discovery was not formalized until 1840 (Torrey and
Gray, 1840), the first recorded collection of Potentilla robbinsiana
(Robbins' or dwarf cinquefoil) by Thomas Nuttall in 1824 generated a
strong interest among botanists and others in this diminutive member of
the rose family (Rosaceae). Initially, there was confusion as to its
taxonomic status, and it was designated as a variety of various
European cinquefoils, but it was eventually recognized as a distinct
species (Rydberg, 1896).
Potentilla robbinsiana is a long-lived perennial herb. Its hairy
three-part compound leaves are deeply toothed, and mature plants form a
dense 2-4 centimeter (cm) (1-1.5 inch (in)) rosette. Individual plants
develop a deep central taproot, which helps to anchor them and resists
frost heaving. Potentilla robbinsiana is one of the first plants to
bloom in the alpine zone where it is found, flowering soon after the
snows recede, from late May to mid-June. Adult plants produce from 1 to
30, 5-petalled yellow flowers on individual stems. The achenes (fruits)
mature by late July, and disperse on dry windy days. These seeds seldom
disperse more than 20 cm (8 in) from the parent plant, which limits
natural reestablishment (Kimball and Paul, 1986). The seeds remain
dormant for at least one winter, and germination begins the following
year during June and July. Although seed viability is generally high,
seedling survival is low (Iszard-Crowley and Kimball, 1998).
Various experiments have shown that Potentilla robbinsiana produces
seed asexually so that seedlings are genetically identical (Lee and
Greene, 1986). This species has the chromosome number 49 that allows it
to maintain itself through asexual reproduction, which partially
explains the low genetic variability found within the sampled
population (David O'Malley, personal communication, 2000).
Potentilla robbinsiana is endemic to the White Mountains of New
Hampshire and is restricted to two small, distinct areas on lands
administered by the White Mountain National Forest. Herbaria
collections suggest that historically there may have been a number of
small populations in close proximity to these two areas. Currently
there are only two natural populations. Reports of occurrences outside
of New Hampshire have been discounted (Cogbill, 1993), and records
indicate that Potentilla robbinsiana has always had a very narrow
geographic distribution.
The largest natural population of Potentilla robbinsiana occurs on
Monroe Flats located just above treeline on a col (saddle) between Mt.
Monroe and Mt. Washington in the Presidential Range. Within this small
area (less than 1 hectare (ha) (2.5 acres (ac))), the population is
well established with more than 14,000 plants at present. Considering
its local abundance and density at this one location, we assume that
some of the unique features of Monroe Flats are important habitat
requirements for Potentilla robbinsiana. Monroe Flats (elev. 1,550
meters (m) (5,085 feet (ft.)) consists of an exposed low dome that is
covered with alternating bands of relatively barren small-stoned
terraces and thickly vegetated mats. Blowing winds keep the Monroe
Flats mostly free of snow and ice throughout the winter, leaving the
vegetation exposed to the abrasive action of blowing snow and ice, and
desiccating winds. The moist, barren soils are also susceptible to
frost disturbance from freeze-thaw cycles for much of the year. In this
extreme environment of moderate solifluction (soil movement downslope)
and exposed topography, Potentilla robbinsiana occupies a narrow niche:
It is likely a poor competitor with other species, but is able to
thrive in a harsh environment where few other species can survive
(Cogbill, 1987).
The second extant natural population occurs on Franconia Ridge, 30
kilometers (km) (18.6 miles (mi)) to the west of the Monroe Flats
population. Although still within the alpine zone, the habitat here is
markedly different. A limited number of plants grow at a site on the
south end of the Franconia Ridge in crevices along the side of a
vertical cliff just below the ridgeline. Although records indicate that
the Franconia population was never very large, it is likely that these
few plants are the remnants of a larger population from more suitable
habitat that previously existed along the top of the ridge. The habitat
has long since eroded and the plants have disappeared due to hiking
activity along a ridgeline trail.
Potentilla robbinsiana was listed as endangered on September 17,
1980, and critical habitat encompassing the Monroe Flats population was
designated at that time. Overzealous specimen collecting and
unregulated hiker disturbance were the reasons for listing. At the
time, the extent of the Monroe Flats population was shrinking (Graber
and Brewer, 1985), and the Franconia Ridge population was thought to be
extirpated.
We approved a recovery plan for Potentilla robbinsiana in 1983 and
revised it in 1991 (U.S. Fish and Wildlife Service 1991). We began
recovery activities in 1979, focusing on the only known population at
Monroe Flats. Important features of the recovery efforts for this
species included: construction of a scree wall; signs to alert the
public to stay on the trail; Educational posters at the Lake-of-the-
Clouds hut; monitoring the use of the Crawford Path; and trail
relocation to avoid disturbance. We subsequently rediscovered the
natural Franconia

[[Page 54969]]

Ridge population in June of 1984, which was represented by a single
known plant.
Prior to listing, there had been a number of attempts to establish
transplant populations at approximately 20 locations throughout the
White Mountains (Graber, 1980). Although some of these efforts showed
signs of initial success, all but one eventually failed due to
unsuitable habitat or because patches of suitable habitat were too
small to support viable populations. The Appalachian Mountain Club's
Research Department reviewed these efforts, and, using the lessons
learned, narrowed recovery efforts to four potential sites as outlined
in the updated 1991 recovery plan: Two used in the previous transplant
efforts (Camel Patch and the Viewing Garden) and two new ones (Boott's
Spur and an additional Franconia Ridge population).
Of the transplant populations created prior to this species'
listing, one continues to persist. Camel Patch received an unknown
number of transplants by Raymond E. Gerber from the 1980s to 1991
(records unavailable). The Appalachian Mountain Club inventoried this
site starting in 1984 when they located 84 plants. Only one of the
transplant zones in this habitat showed viable natural reproduction
occurring. This population was monitored annually from 1984 to 1992 and
again in 1995, with annual monitoring beginning again in 1998.
Supplementation of this population began in 1999 with 6 transplants,
which boosted this population to 23 adults, 60 juveniles, and 6 new
transplant adults. Since 1999, an additional 31 transplants were done,
bringing the population to 40 adults and 57 juveniles. The Viewing
Garden had received 19 known adult transplants from about 1980 through
1997. Though the adults survived for some time, viable natural
reproduction was problematic and these individuals died out over time.
Transplant efforts to new locations began in 1986 with the
introduction of 160 plants over three years at the Boott's Spur site.
The site showed some initial promise, but by 1991 mortality was 100%.
Although the Boott's Spur location was recognized as suboptimal habitat
and had failed in a previous transplant effort, another 27 plants were
transplanted in 1995, but none survived after the first year. The new
Franconia population was established in 1988 with 61 plants
transplanted over 2 years and an additional 108 plants through 1996,
the date of the last transplant efforts. Like the natural populations,
this transplant population has fluctuated over the years, but now
appears well established with over 337 plants counted in 2001 and good
natural recruitment occurring.

Summary of Federal Actions

Section 12 of the Endangered Species Act of 1973 directed the
Secretary of the Smithsonian Institution to prepare a report, within 1
year after passage of the Act, on those plants considered to be
endangered, threatened, or extinct. This report, designated as House
Document No. 94-51, was presented to Congress on January 9, 1975. On
July 1, 1975, the Director of the Service published a notice in the
Federal Register (40 FR 27823) of his acceptance of the report of the
Smithsonian Institution as a petition within the context of section
4(c)(2) of the Act, and of his intention thereby to review the status
of the plant taxa named within. On June 16, 1976, the Service published
a proposed rulemaking in the Federal Register (41 FR 24523) to
determine approximately 1,700 vascular plant species to be endangered
species pursuant to section 4 of the Act. Comments on this proposal
were summarized in the April 26, 1978, Federal Register publication of
a final rule, which also determined 13 plants to be either endangered
or threatened species (43 FR 17909). Potentilla robbinsiana was
included in the Smithsonian's report, the July 1, 1975, notice of
review, and the June 16, 1976, proposal.
The amendment of the Act in 1978 required that all proposals over 2
years old be withdrawn. A 1-year grace period was given to proposals
already over 2 years old. On December 10, 1979, we published a notice
withdrawing the June 16, 1976, proposal to list Potentilla robbinsiana
(44 FR 70796).
Based on sufficient new information, we again proposed Potentilla
robbinsiana for listing on March 24, 1980, and proposed its critical
habitat for the first time (45 FR 19004). A public meeting was held on
this proposal on April 28, 1980, in Concord, New Hampshire. On
September 17, 1980, we published a final rule in the Federal Register
(45 FR 61944) listing Potentilla robbinsiana as endangered and
designating critical habitat.
On June 8, 2001, we proposed to remove Potentilla robbinsiana from
the List of Endangered and Threatened Plants because the available data
indicate that this species has recently met the goals for delisting. In
our Federal Register notice (66 FR 30860), we requested that all
interested parties provide information and comments on the status of
this species.

Summary of Current Status

As mentioned in the ``Background'' section, Potentilla robbinsiana
is endemic to alpine areas of the White Mountain National Forest. The
species is limited in its distribution as it occupies a unique habitat
within the alpine zone that is very restricted geographically. There
are currently four populations of the species; three are considered
viable (over 50 plants), Monroe Flats, Camel Patch transplant site, and
the Franconia Ridge transplant site. One site, the natural Franconia
Ridge site has a very limited range of habitat. This population
continues to sustain itself. However, we believe it will never reach
the 50 plants needed to be considered viable due to limited suitable
habitat.
Table 1 shows the Monroe Flats census counts of the species.
Although counts were undertaken in 1973, 1983, and 1992, the
methodology used to count the plants differed. The most reliable
comparison between the three prior censuses and the most recent census
(1999) is the number of plants found that were greater than 14
millimeters (mm) (0.5 in.) in stem diameter. Comparing the number of
plants greater than 14 mm in diameter for censuses in 1983, 1992, and
1999 clearly demonstrates that the Monroe Flats population has
dramatically increased.

Table 1.--Monroe Flats census Counts for Potentilla robbinsiana
------------------------------------------------------------------------
Number of
plants with
stems greater Increase from
Year than 14 mm previous count
(0.55 in) in (percent)
diameter
------------------------------------------------------------------------
1973.................................... 1,801
1983.................................... 1,547 -14
1992.................................... 3,368 118
1999.................................... 4,575 36
------------------------------------------------------------------------

Both the Camel Patch and Franconia Ridge transplant populations
have persisted for more than 10 years. Both have juvenile recruitment
and successful second generation seedling establishment. Transplant
and/or monitoring efforts for these populations continue on a near
annual basis (Kimball, 1998). The high level of soil movement
throughout Camel Patch makes much of the site unsuitable for transplant
efforts, nevertheless a population located along the edge of the
encircling vegetation is well established. The Franconia Ridge
population has increased dramatically in recent years and is now well
established.

[[Page 54970]]

An 11-year demographic study, funded by the Service, the U.S.
Forest Service, and Appalachian Mountain Club, was conducted along four
permanent transects within the Monroe Flats population. The purpose of
this study, in part, was to determine a minimum viable population for
the transplant populations centered on the survival of each life stage
of the plant at the Monroe Flats population. The study recommended a
minimum viable population of 50 plants (Iszard-Crowley and Kimball,
1998). Both the Camel Patch location with a current population of 97
plants (Table 2) and the Franconia transplant location with a current
population of 337 plants (Table 3) meet this criterion.

Table 2.--Results of the 1999-2001 Censuses of the Camel Patch Transplant Population
----------------------------------------------------------------------------------------------------------------
Total
Juvenile < Juvenile
Year Seedling 14mm [ge]
14mm Adults plants [ge]
Total
14mm
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1999.............................. 0 43 23 21 44 87
2000.............................. 0 42 30 29 59 101
2001.............................. 0 27 30 40 70 97
----------------------------------------------------------------------------------------------------------------

Table 3.--Results of the 1999-2001 Censuses of the Franconia Transplant Population
----------------------------------------------------------------------------------------------------------------
Total
Juvenile < Juvenile i
Year Seedling 14mm [ge]
14mm Adults plants [ge]
Total
14mm
----------------------------------------------------------------------------------------------------------------
1999.............................. 1 284\a\ 46 N/A\a\ 331
2000.............................. 0 172 58 77 135 307
2001.............................. 0 179 83 75 158 337
----------------------------------------------------------------------------------------------------------------
\a\ Size class data unavailable.

Potentilla robbinsiana Recovery

In accordance with section 4(f)(1) of the Act, the Service is
responsible for the development and implementation of recovery plans
for all listed species, to the maximum extent practicable. The first
Robbins' Cinquefoil Recovery Plan was completed in 1983, and featured
two main objectives: (1) To protect the existing Monroe Flats colony,
encouraging its expansion to previously occupied habitat; and (2) to
establish self-maintaining populations in at least four additional
potential habitats not occupied at the time.
To accomplish the first objective, a scree wall surrounding the
Monroe Flats population was constructed and posted with ``closed to
entry'' signs, and two hiking trails that had previously traveled
through the Monroe Flats population were relocated away from the
population. Plants have since been successfully transplanted back into
the habitat where the trails had resulted in the localized demise of
the plants, primarily at the highest elevation in the Monroe Flats
population. The ability of seed to move downhill from this recolonized
site should benefit the Monroe Flats population. In addition, personnel
from the White Mountain National Forest and Appalachian Mountain Club
continue to provide stewardship, enforcement, and educational resources
on site.
Several tasks were necessary to meet the second objective of
establishing four additional self-maintaining transplant populations:
(1) Protocols were developed to monitor the Monroe Flats population to
better understand its demographic trends and natural rates of
recruitment and mortality, and to collect data to model minimum viable
population size; (2) the natural Franconia Ridge population
(rediscovered in 1984) was annually monitored; (3) micro-habitat
components were identified and used to locate unoccupied, potentially
suitable habitat; and (4) effective propagation and transplant
techniques were developed. Transplant techniques varied over the years.
However, the most successful efforts used 2-year-old plants germinated
from seed, and transplanted with the soil media intact in mid-June to
early July. Each year a portion of the seed collected for use in
transplants is placed in cold storage at the New England Wildflower
Society to establish a seed bank for this species.
As mentioned in the ``Background'' section, two of the transplant
sites failed, Boott's Spur and the Viewing Garden. The other two
transplant sites, Franconia and Camel Patch, are both considered viable
populations with 331 plants and 87 plants respectively, in 1999. As of
2001, these populations increased to 337 plants and 97 plants
respectively.
The Robbins' Cinquefoil Recovery Plan: First Update, published in
1991, retained recovery criteria for the protection of existing natural
populations and establishing additional transplant populations, but
also contained minor changes to incorporate the rediscovered natural
Franconia population, and acknowledged that suitable additional
unoccupied habitat may be a limiting factor. In addition to the
protection of the natural populations, this plan determined that a
historically occupied zone within the Monroe Flats should be
recolonized. Transplant efforts began in 1996 to meet this objective,
and successful juvenile recruitment has since been observed.
To delist Potentilla robbinsiana, long-term demographic evidence
must show that the Monroe Flats population is stable or increasing in
size. As mentioned in the ``Summary of Current Status'' section,
comparing the number of plants greater than 14 mm in stem diameter for
censuses in 1983, 1992, and 1999 clearly demonstrates that the Monroe
Flats population has dramatically increased.
While the 1991 recovery plan calls for the establishment of four
transplant populations, it also recognizes that suitable habitat may be
a limiting factor, and requires only two of the four transplant
populations to be viable. Introduction of plants to the Boott's Spur
location has subsequently been dropped due to the unsuccessful
transplant efforts resulting in 100% mortality. The Viewing Garden
location also showed 100% mortality in 1998. There are no plans to
reestablish a population at this location because the suitable habitat
is very limited and cannot support more than a few individual plants
that are unlikely to

[[Page 54971]]

persist under natural population fluctuations. Biologists familiar with
this species are confident that little if any suitable habitat in the
White Mountains remains to be discovered (K. Kimball, Appalachian
Mountain Club, pers. comm. 2000). Therefore, given that the discovery
of additional suitable habitat for the establishment of new transplant
attempts is unlikely, recent efforts have focused on ensuring viable
populations at the two remaining transplant locations, Camel Patch and
Franconia Ridge. As stated in the ``Summary of Current Status''
section, research on the species has determined that a minimum viable
population consists of 50 plants (Iszard-Crowley and Kimball, 1998).
Both the Franconia transplant location with a current population of 337
plants and the Camel Patch location with a current population of 97
plants meet this criterion.

Summary of Issues and Recommendations

In the June 8, 2001, proposed rule (66 FR 30860) we requested that
all interested parties provide information and comments on the status
of Potentilla robbinsiana and the proposal to delist this species. The
public comment period ended August 7, 2001. Announcements of the
proposed rule were sent to Federal and State agencies, elected
officials, interested private organizations and citizens, and local
area newspapers.
We received a total of two written comments, one from an individual
and one from an organization. The organization (Appalachian Mountain
Club) supports the delisting proposal, while the individual did not
support it. Comments are discussed below. In addition, we considered
and incorporated, as appropriate, into the final rule all biological
and commercial information obtained through the public comment period.
Issue 1: Both commenters mention that the more appropriate common
name for the species is dwarf cinquefoil.
Our response: We agree that the current common name is dwarf
cinquefoil. Throughout this document we refer to the species by using
the Latin name Potentilla robbinsiana. The exception being, when
referencing the recovery plans, where the formal title of the plans
refers to the species as Robbins' cinquefoil. We continue to use the
common name of Robbins' cinquefoil for this species since that was the
common name under which this species was associated at the time of
listing.
Issue 2: One commenter recommends that all future population counts
should be for total population, not transect counts as suggested in the
proposed rule.
Our response: We agree that a total population census using a grid
sampling methodology would provide more consistent comparisons over
time. For the 5-year post-delisting monitoring, a total population
census will be used. However, as explained in the ``Summary of Current
Status'' section, the most reliable comparison between the 3 prior
censuses and the most recent census (1999) is the number of plants
found that were greater than 14 mm (0.5 in.) in stem diameter.
Issue 3: One commenter was concerned that the proposed rule does
not technically satisfy some of the downlisting and delisting criteria
contained in the updated recovery plan.
Our response: As mentioned in the proposed rule, the downlisting
and delisting objectives in the 1991 recovery plan update were based on
the best information available at that time. The recovery plan states
``that approved recovery plans are subject to modification as dictated
by new findings, changes in species status, and the completion of
recovery tasks.'' Each recovery objective from the 1991 plan is
addressed in the ``Potentilla robbinsiana Recovery'' section of this
rule. This section lays out the recovery actions that have led to the
decision to delist the species, even though not every objective was
met. In addition, we have determined that none of the five listing
factors identified in the Act remain a threat to Potentilla
robbinsiana. The objectives identified during the recovery planning
process provide a guide for measuring the success of recovery, but are
not intended to be absolute prerequisites, and should not preclude a
reclassification or delisting action if such action is otherwise
warranted.
Issue 4: One commenter was concerned that the Service did not seek
the review and concurrence from the ad hoc recovery group for
Potentilla robbinsiana.
Our response: The ad hoc recovery group first met shortly after the
listing of the species in 1980. At that time and up until the present,
this group was never a formalized recovery team with members appointed
by the Regional Director. This group was consulted at one time, but the
Service never asked for a consensus on any matters. This group has not
met in over a decade. The Service did seek scientific review and
comment from all interested stakeholders during our public comment
period associated with the proposed rule.
Issue 5: One commenter was concerned that the Service did not
complete tasks 5.3 and 7 in the original recovery plan of 1983, and
task 5.1 of the updated plan, prior to publishing the proposed rule.
Our response: We disagree. Task 5.3 of the original plan, ``Develop
news releases, articles and maintain contact with interested groups,''
was not included in the updated plan of 1991. Task 7 of the original
plan and task 5.1 of the updated plan are essentially the same:
``submit an annual report on all conservation activities and research
findings.'' The Appalachian Mountain Club has submitted annual
Potentialla robbinsiana progress reports consistently since 1984 to
both the Service and the White Mountain National Forest. Additional
reports including several updates on germination and transplanting of
the species and a demographic analysis of Potentialla robbinsiana were
also supplied to the Service and the White Mountain National Forest.
Issue 6: One commenter asked if the proposed rule received approval
of the recovery team or was peer-reviewed by conservation biologists.
Our response: There is no recovery team for this species. Instead,
the Service submitted the proposed rule to three organizations: the
White Mountain National Forest, the Appalachian Mountain Club, and the
New England Wild Flower Society, for scientific review. Scientists
associated with these organizations, who are knowledgeable about
Potentilla robbinsiana's status and biology, reviewed the proposed
rule. Only the Research Department of the Appalachian Mountain Club
chose to provide a written endorsement of the proposed rule. The State
of New Hampshire's Natural Heritage Program also received a copy of the
proposed rule, and has been an active participant in the recovery
planning and efforts for this species.
Issue 7: One commenter was concerned that the proposed rule did not
provide indication of active protection efforts from off-trail hikers
at the Camel Patch population or from rock climbers at the natural
Franconia Ridge population.
Our response: Surveys have yielded no evidence of trespass or
disturbance to these populations. We, together with the Appalachian
Mountain Club, monitor the transplant populations and the Franconia
Ridge natural population on a near annual basis. It is recommended by
the Appalachian Mountain Club, and the Service concurs, that the best
long-term management for these populations is to

[[Page 54972]]

manage them, but not to draw attention to them. Unlike the Monroe Flats
population, these three populations are generally unknown and less
accessible. Attempts to manage trespass using scree walls, signage, or
other means, may call more attention to these discrete populations than
the current low-key strategy.
Issue 8: One commenter noted that transplanted subpopulations at
the Monroe Flats population are not necessarily viable.
Our response: We consider the Monroe Flats population to be one
population and do not identify subpopulations. Task 4.5 of the updated
recovery plan directs efforts to recolonize extirpated historical sites
in the essential Monroe Flats habitat. Rather than ensuring additional
viable subpopulations within Monroe Flats, the purpose of this task was
to expand the population to its historical spatial extent where
possible. Transplant efforts on Monroe Flats have focused in areas
where plants had been extirpated due to trampling. Substrate directly
along the now discontinued section of the Crawford Path has been
heavily impacted and is no longer suitable habitat. However, impacts on
either side of the discontinued trail have been less significant, and
have been the focus of transplant efforts, including the high-point on
Monroe Flats known as the ``Dome.'' This location may play an important
role as seed source for downslope areas since seeds rarely migrate far
from the parent plant. The past impact from substrate compression makes
the habitat suitability and future status of this part of the
transplant area uncertain. However, recent transplant survival has been
strong, and there is seedling and juvenile recruitment in these areas,
which meets the stated recovery task. Regardless of the potential for
long-term reestablishment within the extirpated areas, these plants
represent less than one percent of the Monroe Flats population and do
not affect the viability of the Monroe Flats population.
Issue 9: One commenter was concerned with the statement that there
is no suitable unoccupied habitat left for the species, and considers
this as self-fulfilling and thus tautological.
Our response: As stated in the proposed rule under the
``Background'' section, prior to listing there had been a number of
attempts to establish transplant populations at approximately 20
locations throughout the White Mountains. In 1986, with the experience
gained from previous efforts, the four most appropriate transplant
sites were determined, and efforts began. Of these four locations, two
persist today. Given this species' unique habitat needs, the small
geographic extent of such habitat, and the fact that transplanting
efforts occurred at over 20 sites, we feel that locating additional
suitable habitat for new transplant attempts is unlikely.
Issue 10: One commenter questioned why, if the Camel Patch
population is deemed viable, we continue to supplement it.
Our Response: Seeds are collected annually from the Monroe Flats
population and shipped to the New England Wild Flower Society for
future germination and propagation. In the past, plants reared from
these seeds were transplanted at the Camel Patch and Franconia
transplant populations to help establish viable populations. They were
also transplanted at the Monroe Flats population, and continue to be in
an effort to reestablish adult plants at a topographic high spot so
that they can act as an additional seed source for the main population
at this site. Currently, the only plants that are transplanted at the
Camel Patch population are extra plants intended for the Monroe Flats
annual transplant effort. These plants are strategically placed to
allow seed to flow downhill of the habitat in an effort to physically
expand this population.

Summary of Factors Affecting the Species

Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the listing provisions of the Act, set forth the
procedures for listing, reclassifying, and delisting species on the
Federal lists. A species may be listed if one or more of the five
factors described in section 4(a)(1) of the Act threatens the continued
existence of the species. A species may be delisted according to 50 CFR
424.11(d), if the best scientific and commercial data available
substantiate that the species is neither endangered nor threatened (1)
because of extinction, (2) because of recovery, or (3) because the
original data for classification of the species were in error.
After a thorough review of all available information, we determined
that substantial Potentilla robbinsiana recovery has taken place since
listing in 1980. We have also determined that none of the five factors
identified in section 4(a)(1) of the Act, and discussed below, are
currently affecting the species in such a way that the species is
endangered (in danger of extinction throughout all or a significant
portion of its range) nor threatened (likely to become endangered in
the foreseeable future throughout all or a significant portion of its
range). These factors and their application to Potentilla robbinsiana
are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range

Potentilla robbinsiana utilizes a substrate described as shallow
loamy sand topped with a stony, pavement-like surface. This stony
surface layer protects the soil from being either blown or washed away.
The 1980 final listing rule determined that the plant and its habitat
were damaged by trampling from hikers. Hiking through the habitat is
unimpeded due to the lack of most vegetation. Because the plants are
small, it is easy for hiker boots to crush adult, juvenile, and
seedling plants.
Since listing, the threat from trampling has been reduced by
rerouting trails and protecting habitat. The section of the Appalachian
Trail that bisected the Monroe Flats population is referred to locally
as the Crawford Path, named after Abel Crawford who constructed the
path in 1819. In 1915, the Appalachian Mountain club constructed Lake
of the Clouds Hut, 270 m (295 yards (yd)) to the north of the trail.
The Crawford Path was relocated at this time to bring the trail by the
Hut, and although the trail was no longer directly bisecting Potentilla
robbinsiana habitat, it still went through the northwest corner of the
critical habitat. In 1983, the Crawford Path and Dry River Trails were
rerouted a second time in response to the Federal listing, to move the
trails outside of the plant's critical habitat. A low scree wall was
constructed in conjunction with the trail relocation, around the
critical habitat, and has been particularly effective in places where
the trail abuts critical habitat. Signs posted around the Monroe Flats
population notify hikers that there is a federally listed species
present and no admittance is allowed without a permit. These signs are
replaced as needed. Hiker traffic and trespassers into the critical
habitat were recorded by pressure plates during 1985 to assess the
effectiveness of hiker management. The plates were operated from June
through October 1985 and checked several times weekly. Of 4,286 hikers
counted over 115 days the counters were functional, the trespass rate
was 2 percent (Kimball and Paul, 1986). The target compliance level
established by the 1983 recovery plan was 95 percent of the hikers not
trespassing into the critical habitat, an objective that has been
maintained or exceeded since 1981. Outreach has also been a strong
recovery component for ensuring hiker compliance of no trespassing into
the Potentilla robbinsiana habitat. A naturalist is

[[Page 54973]]

stationed at the Lake of the Clouds Hut throughout the summer. The Hut
naturalist is available during the day to answer questions and give
interpretive talks regarding Potentilla robbinsiana. The naturalist and
other Hut staff are also instrumental in monitoring the Monroe Flats
population for human disturbance.
In 1973, prior to listing, the Monroe Flats population contained
approximately 1,801 individual plants larger than 14 mm (0.55 in). As
of 1999, this population included approximately 4,575 individuals of
similar size. This represents a greater than 250% increase in this
population. Counting plants of all sizes (seedlings to adults) in 1999,
the established population size was 14,195 individuals.
The second natural population is near the Appalachian Trail on
Franconia Ridge. The locations of this population and the two
transplant populations have been purposefully kept undisclosed and are
presently out of the way of the average hiking public. Attempts to
manage trespass using scree walls, signage, or otherwise, may call more
attention to this population than the current low-key strategy.
Records indicate that the extant natural Franconia Ridge population
was never very large. Nevertheless, it is considered to be a
reproducing population, with 11 individual plants consisting of 3
adults and 8 juveniles as of 2001, and is being monitored regularly by
the Appalachian Mountain Club.
The protection efforts in effect for the Monroe Flats population,
the existence of two viable transplant populations, and the strategy to
manage these two populations and the natural Franconia Ridge
population, demonstrate that there is no longer a threat to the habitat
of Potentilla robbinsiana.

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

The 1980 final listing identified that the collecting of specimens
for herbaria probably contributed to the loss of Potentilla robbinsiana
and possibly the cause for the extirpation of one of the Franconia
sites (Steele, 1964). It was noted that over 40 herbarium sheets
containing nearly 100 plants (6 percent of the known mature population
at the time of listing) were counted in various New England herbaria
(Graber, 1980). Cogbill's more recent paper (1993) documents the
collection of over 850 plants in herbaria collections worldwide, which
represents one of the most extensive collections known for a single
species. In the late 1800s some collectors were selling alpine plants,
specifically including Potentilla robbinsiana, to other collectors for
10 cents per sheet (Cogbill, 1993). However, commercial trade in the
species has not occurred since the early 1900s and is not expected to
occur in the future; import or export of this species also is not
anticipated. Collection of material for herbaria has declined
significantly due to scientists becoming more aware of the impacts of
collecting on rare species. Monitoring of these sites does not indicate
a problem with overcollection. Therefore, taking of Potentilla
robbinsiana for these purposes is not considered to be a threat.

C. Disease and Predation

This species is not known to be threatened by disease or predation.

D. The Inadequacy of Existing Regulatory Mechanisms

Potentilla robbinsiana is currently afforded limited protection by
the Endangered Species Act. Section 9 of the Act prohibits the removal
and possession of endangered plants from lands under Federal
jurisdiction and the malicious damage and destruction of endangered
plants in such areas, and the damage or destruction of endangered
plants from any other area in knowing violation of any State law or
regulation, or in the course of a violation of State criminal trespass
law. Section 7 of the Act requires Federal agencies to ensure that
their actions do not jeopardize the continued existence of listed
species or destroy or adversely modify designated critical habitat.
Section 7(a)(1) of the Act requires Federal agencies to carry out
programs for the conservation of threatened and endangered species. The
entire range of Potentilla robbinsiana occurs on Forest Service lands.
Forest Service regulations prohibit removing, destroying, or damaging
any plant that is classified as a threatened, endangered, rare or
unique species (36 CFR 261.9). Currently the species is classified as a
G1 species (critically imperiled because of extreme rarity) by the
State of New Hampshire's Natural Heritage Program, and appears on the
Forest Service's Region 9 (Northeast) list of ``species of concern.''
These rankings will not change once the species is delisted, thus the
Forest Service regulations will remain in effect. On December 2, 1994,
we and the Forest Service's White Mountain National Forest signed a
Memorandum of Understanding (MOU) for the conservation of Potentilla
robbinsiana. The MOU states that the Forest Service agrees to carry out
specific management measures, with our assistance, both through the
recovery period, and if and when Potentilla robbinsiana is removed from
the list of endangered and threatened plants.
Potentilla robbinsiana does appear on the New Hampshire State list
of endangered and threatened species, although State legislation
currently offers it no protection. However, since this species is
endemic to Federal lands administered by the White Mountain National
Forest, which has committed to continuing its ongoing program to
provide for the long-term conservation of this species, we have
determined that there is adequate existing protection in place for this
species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Recovery efforts have been directed toward protection and
environmental education. A number of approaches have been used to
educate the hiking community, the scientific community, and the public
about Potentilla robbinsiana. Providing information to the public
regarding the species' biology and management satisfies their curiosity
and increases their willingness to participate in protection of this
species. These efforts include a permanent display and presentations
about Potentilla robbinsiana by the seasonal Appalachian Mountain Club
naturalist at Lake of the Clouds Hut.
The 1980 final listing rule mentioned that Potentilla robbinsiana
is vulnerable to the harsh climate in which it lives. The weather
regime experienced by the species is highly variable from year to year.
During demographic studies over the past 16 years, it has been observed
that late frosts in June have the potential to damage flowers and
greatly reduce the seed crop for that year. By virtue of a deep
taproot, the species appears to be adapted to a moderate level of
frost-heaving, a stress that may limit competing species. At the same
time, it cannot tolerate frost-induced movement of more than 18 mm/yr
(.71 in/yr), or frost action sufficient to produce stone stripes or
other patterned ground (Cogbill, 1987). Overall, however, this species
is now thriving in a very localized part of the alpine zone of the
White Mountains, and adapts to the harsh climate conditions, where few
other species survive.
In summary, we have carefully reviewed all available scientific and
commercial data and conclude that the threats that caused the
population of Potentilla robbinsiana to decline no longer pose a risk
to the continued survival of the species. This determination is based
on the best

[[Page 54974]]

available data indicating that Potentilla robbinsiana has recovered,
primarily as a result of the following: (1) The two natural existing
populations are protected from human disturbance, and the Monroe Flats
population is considered viable and increasing; (2) the two transplant
populations are considered viable; and (3) the Forest Service's
commitment to continue ongoing programs to provide for the long-term
conservation of this species regardless of its standing under the
Endangered Species Act. This recovery indicates that the species is no
longer endangered or likely to become endangered in the foreseeable
future throughout all or a significant portion of its range. Therefore,
the species no longer meets the Act's definitions of endangered or
threatened. Under these circumstances, removal from the List of
Endangered and Threatened Plants is appropriate.

Effects of This Rule

This final rule will remove the protections afforded to Potentilla
robbinsiana under the Act. Furthermore, the critical habitat for this
plant, one location in the White Mountain National Forest, New
Hampshire (50 CFR 17.96(a)), will be removed. The prohibitions and
conservation measures provided by the Act will no longer apply to this
species. Therefore, taking, interstate commerce, import, and export of
Potentilla robbinsiana will no longer be prohibited under the Act. In
addition, Federal agencies will no longer be required to consult with
us under section 7 of the Act to insure that any action they authorize,
fund, or carry out, is not likely to jeopardize the continued existence
of Potentilla robbinsiana or destroy or adversely modify designated
critical habitat.
The take and use of Potentilla robbinsiana must comply with
appropriate Forest Service regulations, since the entire population
lies within the White Mountain National Forest in New Hampshire.

Future Conservation Measures

Section 4(g)(1) of the Act requires that the Secretary of the
Interior, through the Service, implement a monitoring program in
cooperation with the States for not less than 5 years for all species
that have been recovered and delisted. The purpose of this requirement
is to develop a program that detects the failure of any delisted
species to sustain itself without the protective measures provided by
the Act. If at any time during the 5-year monitoring program, data
indicate that protective status under the Act should be reinstated, we
can initiate listing procedures, including, if appropriate, emergency
listing.

Monitoring

Our Northeast Region will coordinate with the Forest Service, the
Appalachian Mountain Club, and State resource agencies to implement an
effective 5-year monitoring program to track the population status of
Potentilla robbinsiana. We will annually evaluate the effectiveness of
ongoing conservation programs, including education, monitoring, and
enforcement efforts, in order to detect and assess any new threats to
the populations. To detect any changes in the status of Potentilla
robbinsiana, we will use, to the fullest extent possible, information
routinely collected by the Appalachian Mountain Club's Research
Department and the Forest Service. During the fifth year of the 5-year
monitoring period, a total population census of the Monroe Flats
population will be conducted using a grid to further evaluate the
stability and health of this population.
We believe that the two transplanted sites have reached viable
population status. However, during the required 5-year monitoring
period, transplanting at the Camel Patch site will continue when excess
plants are available from the New England Wild Flower Society. The
transplants will be used to fill sparse areas and expand the
population.
If we determine at the end of the mandatory 5-year monitoring
period, which shall include data from the fifth year population census
of Monroe Flats, that recovery is complete, and factors that led to the
listing of Potentilla robbinsiana, or any new factors, remain
sufficiently reduced or eliminated, monitoring may be reduced or
terminated. If data show that the species is declining or if one or
more factors that have the potential to cause a decline are identified,
we will continue monitoring beyond the 5-year period and may modify the
monitoring program based on an evaluation of the results of the initial
5-year monitoring program, or reinitiate listing if necessary.

Executive Order 12866

This rule was not reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866.

Paperwork Reduction Act

The OMB regulations at 5 CFR part 1320, which implement provisions
of the Paperwork Reduction Act, require Federal agencies to obtain
approval from OMB before collecting information from the public. The
OMB regulations at 5 CFR 1320.3(c) define a collection of information
as the obtaining of information by or for an agency by means of
identical questions proposed to, or identical reporting, record
keeping, or disclosure requirements imposed on, 10 or more persons.
Furthermore, 5 CFR 1320.3(c)(4) specifies that ``ten or more persons''
refers to the persons to whom a collection of information is addressed
by the agency within any 12-month period. For purposes of this
definition, employees of the Federal Government are not included.
This rule does not include any collection of information that
requires approval by OMB under the Paperwork Reduction Act. Potentilla
robbinsiana occurs entirely on lands administered by the Forest Service
and only in one State, New Hampshire. The information needed to monitor
the status of Potentilla robbinsiana following delisting will be
collected primarily by a limited number of personnel from the Forest
Service and the Appalachian Mountain Club. We do not anticipate a need
to request data or other information from 10 or more persons during any
12-month period to satisfy monitoring information needs. If it becomes
necessary to collect information from 10 or more non-Federal
individuals, groups, or organizations per year, we will first obtain
information collection approval from OMB.

National Environmental Policy Act

We have determined that we do not need to prepare an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, in connection with regulations
adopted pursuant to section 4(a) of the Endangered Species Act as
amended. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244).

References Cited

A complete list of all references cited herein is available upon
request from our Northeast Regional Office (see ADDRESSES section).

Author

The primary author of this rule is Diane Lynch, Endangered Species
Biologist (see ADDRESSES section). Doug Weihrauch, staff scientist for
the Appalachian Mountain Club Research Department, provided assistance
with the summary of the biological record for this species.

[[Page 54975]]

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Regulations Promulgation

For the reasons set out in the preamble, we hereby amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub L. 99-625, 100 Stat. 3500; unless otherwise noted.

Sec. 17.12 [Amended]

2. Section 17.12(h) is amended by removing the entry for
``Potentilla robbinsiana, Robbins' cinquefoil'' under ``FLOWERING
PLANTS'' from the List of Endangered and Threatened Plants.

Sec. 17.96 [Amended]

3. Section 17.96(a) is amended by removing the critical habitat
entry for ``Potentilla robbinsiana, Robbins' cinquefoil,'' which is
under Family Rosaceae.

Dated: June 26, 2002.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 02-21704 Filed 8-26-02; 8:45 am]
BILLING CODE 4310-55-P

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Endangered and Threatened Wildlife and Plants; Removal of Potentilla robbinsiana (Robbins' cinquefoil) From the Federal List of Endangered and Threatened Plants

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